NEW YORK CITY BOARD OF EDUCATION

[Pages:93]C " r e a t i n g a Q u a l i t y I E P " I E P NDIVIDUALIZED DUCATION ROGRAM

MANUAL

JANUARY 2005

NEW YORK CITY DEPARTMENT OF EDUCATION

Joel I. Klein Chancellor

Carmen Fari?a Deputy Chancellor for Teaching and Learning

Linda Wernikoff Deputy Superintendent Office of Special Education Initiatives

"Creating a Quality IEP" ? Individualized Education Program Manual Division of Teaching and Learning

Office of Special Education Initiatives December 2004

\ T O C [ A B L E F O N T E N T S

Introduction

--------------------------------------------------------------------------------------- 1

Requirements and Roles for IEP Teams

-------------------------------------------------- 1

New Considerations and Requirements for IEPs

--------------------------------------- 6

Page 1 Recommendation Page

-------------------------------------------------------------- 9

Page 2 Conference Information

-------------------------------------------------------------- 22

Overview of Performance Pages

---------------------------------------------------------- 24

Page 3 Academic Performance and Learning Characteristics ----------------------- 30

Page 4 Social/Emotional Performance

---------------------------------------------------- 32

Page 5 Health and Physical Development

-------------------------------------------- 34

Overview of Annual Goals and Short Term Objectives

------------------------------- 36

Page 6 Annual Goals and Short-Term Objectives

-------------------------------------- 40

Overview of School Environment and

Service Recommendations

------------------------------------------------- 42

Page 7 School Environment and Service Recommendations

------------------------ 47

Page 8 Other Programs Considered and Reasons for Rejection -------------------- 52

Overview of Participation in School Activities, Related Service

Recommendations, Participation in Assessments and Promotion Criteria -------- 53

Page 9 Participation in School Activities, Related Service

Recommendations, Participation in Assessments and Promotion Criteria ------- 63

Overview of Transition Page

----------------------------------------------------------------- 66

Page 10 Transition

------------------------------------------------------------------------------ 68

Appendix A - The IEP Form

------------------------------------------------------------------ 70

Appendix B ? Quality Indicator Checklists ---------------------------------------------------- 81

Appendix C - The Do's and Don'ts

-------------------------------------------------------- 85

Appendix D - Definition of Classifications

----------------------------------------------- 90

Appendix E ? Learning Disability Justification Form ------------------------------------ 93

Appendix F ? Emotional Disability Justification Form ------------------------------------ 94

Appendix G ? Behavior Intervention Plan --------------------------------------------------- 95

Appendix H ? Student Accommodation Plan ------------------------------------------------ 97

Appendix I ? Sample Transition Goals --------------------------------------------------------- 98

NEW YORK CITY DEPARTMENT OF EDUCATION*

INDIVIDUALIZED EDUCATION PROGRAM MANUAL

Introduction

An Individualized Education Program (IEP) is a written document that is developed for each eligible preschool and school-age student with a disability in accordance with the requirements of the Individuals with Disabilities Education Act (IDEA).

The purpose of the IEP is twofold:

it documents a student's eligibility for special education services; and it memorializes the school system's plan for providing a free appropriate

public education that will meet the student's unique needs, in the least restrictive environment.

This manual discusses the membership of the committee that develops the student's IEP and the requirements of the IEP, as mandated by IDEA. It explains the IEP (Appendix A) developed by the New York City Public Schools in 1998 and updated in September 2000. It also contains quality indicator checklists to assist IEP Teams in assessing whether IEPs developed meet established criteria (Appendix B).

Specific information pertaining to the Continuum of Special Education Services offered to students by the New York City Public Schools can be found in the New York City Department of Education publication entitled Special Education Services as Part of a Unified Service Delivery System (The Continuum of Services for Students with Disabilities). For information on eligibility for special education services for preschool students, refer to the New York City Department of Education publication entitled Committee on Preschool Special Education Standard Operating Procedures Manual, March 2000.

Requirements and Roles for IEP Teams

The IEP is a collaboratively developed plan based on information provided by parents, assessment professionals, instructional personnel, related service providers and, where appropriate, the student. Under federal law, the group responsible for developing the IEP is known as the IEP Team. New York State refers to this group, as the Committee on Special Education (CSE) or Subcommittee of the Committee on Special Education (Sub-CSE) for school-age students and the Committee on Preschool Special Education (CPSE) for preschool students. IDEA expanded the membership of the IEP Team to include the general education teacher and enhances the role played by some other members.

Under IDEA:

parents participate in making decisions concerning evaluation, eligibility and placement and are equal partners with school personnel in developing the IEP;

*There are several documents referenced within this manual which are available through your supervisor.

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 at least one general education teacher must be a member of the IEP Team if the student is, or may be participating in the general education environment;

the district representative must be qualified to provide or supervise the provision of special education and also knowledgeable about the general education curriculum and the availability of district resources; and

one of the team members must be able to interpret the instructional implications of the evaluation results in terms of designing appropriate instruction.

In New York State parents have long participated in making eligibility and placement decisions about students with disabilities. Under IDEA parents must be informed of and provide written consent to initials and periodic re-evaluations of their child; have their concerns about the education of their child considered during the evaluation; be part of the group that reviews existing evaluation data during any evaluation or re-evaluation of their child and understand the results of evaluations. Additionally, where the IEP Team determines that no additional data are needed to determine continuing eligibility, parents must receive notice of that determination with a statement of the reasons for that decision. Parents have the right to request additional assessments if they disagree with the IEP Team decision. Parents have the right to be provided with the student's IEP and all due process notices in their preferred language or mode of communication.

The general education teacher is expected to present information about the student's performance in the general education class and to help the IEP Team make decisions about participation in the general education curriculum and other school activities. As a member of the IEP Team, the general education teacher helps the IEP Team determine appropriate behavioral interventions, strategies, supplementary aids and services and program modifications and supports for school personnel that are necessary for the student to participate to the fullest extent possible in the general education curriculum.

According to federal legislation, the general education teacher must participate in the IEP meeting to the extent appropriate. This means that the general education teacher participates whenever the student's needs and service recommendations are discussed. The goal is to provide the general education teacher with an opportunity for meaningful participation while minimizing the impact on the teacher's other instructional responsibilities.

Mindful that the participating general education teacher must be the student's teacher if the student is currently attending one or more general education classes, general education teacher selection should proceed as follows:

For students participating in general education classes with supplementary aids and services (i.e., Related Services, Special Education Teacher Support Services, Collaborative Team Teaching) fulltime or part-time or who are mainstreamed, the general education teacher or the preschool teacher who attends the IEP meeting must be the student's general education or preschool teacher.

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 For students not participating in general education classes with supplementary aids and services or who are not mainstreamed, the general education teacher or the preschool teacher must be one who is likely to provide general education or preschool instruction for the disabled student being considered for participation in general education classes or participation in age appropriate activities or one who is knowledgeable regarding the curricula adaptations and the range of available general and special education, supports and services appropriate to the age and grade level of the student. For preschool students, the general education teacher is an individual qualified by the State Education Department to teach a student of the same age.

For students who have more than one general education teacher, only one of the student's teachers must attend the meeting. Input from all the student's teachers who will not be attending should be obtained and presented at the meeting.

For students attending non-public school programs and who are participating in general education classes with supplementary aids and services or who are mainstreamed, the student's general education teacher must be invited to participate at the IEP meeting. If the student's general education teacher is unable to participate, the CSE must identify a general education teacher to participate at the IEP meeting. The general education teacher identified must have knowledge of curricular adaptations and the range of available general and special education supports and services appropriate to the age and grade level of the student.

The district representative may be a member of the IEP Team who is also fulfilling another role as long as he/she meets all three of the qualifications for district representatives as described at the top of Page 2 of this manual. This role can be filled by a school psychologist, school social worker, special education teacher, related service provider, Principal, Assistant Principal, Supervisor of School Psychologists, Supervisor of Speech Improvement, Regional Administrator of Special Education, Regional Special Education Evaluation, Placement and Program Officer or Regional CSE Chairperson. For preschool cases the district representative is the Department of Education Preschool Administrator or the designee of the CSE Chairperson.

The individual who interprets the instructional implications of the evaluation results may be a member of the IEP Team who is also fulfilling another role. The individual who interprets the instructional implications must be able to talk about how the evaluation results will impact on the instruction provided to the student and assist the team in determining what instructional modifications, strategies or interventions may be required. This role can be filled by the special or general education teacher, the district representative, or the school psychologist. For preschool cases the individual who interprets the instructional implications may be a representative of the SED approved evaluation site if invited to attend the IEP meeting by the Department of Education Preschool Administrator.

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IDEA requires that at least one special education teacher of the student participate in the IEP Team meeting. When the student's only special education service is a related service the related service provider participates as the student's special education service provider. The student with a disability participates where appropriate. In New York State, the school psychologist and parent member must participate in CSE meetings. Part 200 of the New York State Regulations of the Commissioner of Education require that the CSE/CPSE inform the parent(s) of his/her right to have a parent member participate at the CSE/CPSE Review. Parents must also be informed of their right to decline the participation of the parent member. If the parent opts to decline his/her right for the participation of a parent member this must be documented in writing in the student's CSE file. The school psychologist must participate in CSE subcommittee meetings whenever a new psychological evaluation is reviewed or a change to a service option with a more intensive staff/student ratio is considered. A school physician is also a required participant if the parent makes a request for a physician to attend at least seventy-two (72) hours prior to the IEP meeting. For initial referrals to a CPSE, an Early Intervention Program representative must participate if the student is transitioning from a program serving children with disabilities, ages 0-2 years.

The following chart summarizes the required participants at IEP Meetings:

All IEP Meetings (Annual Review, EPCs and CSE Reviews) will be held and finalized at the student's school for students attending public schools. The following chart summarizes the required participants at IEP Meetings:

Special Education Teacher/Related Service Provider General Education Teacher (1) Parent (2) Student (3) District Representative School Psychologist School Social Worker Parent Member Physician

SUBCOMMITTEE ON SPECIAL EDUCATION

Annual Review Educational Planning Conference

Initials

Reviews/

Triennials

3

3

3

CSE Reviews 3

3 3 3 3 (4) N/A N/A N/A N/A

3 3 3 3 (4) 3

(5) N/A N/A

3 3 3 3 (4) 3

(5) N/A N/A

3 3 3 3 (4) 3

(5) 3 (6) (7)

Notes: (1) A general education teacher is a required participant if the student is, or may be,

participating in the general education environment. (2) The parent must be invited to participate and efforts must be made to select a

mutually agreeable date for the IEP meeting; however, the meeting may proceed without the parent provided that documented appropriate outreach was conducted and attempts were made to arrange a mutually agreed upon date and time for the meeting. If the parents indicate that they will be unable to attend and cannot reschedule, they will be informed that they may participate via a telephone conference. Outreach is defined as at least two (2) attempts at telephone contact

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at different times of the school day, if the parent has a telephone or a follow-up letter sent to the parent by mail and also sent home with the student, if the parent does not have a telephone. All contacts with and attempts to contact the parent (including copies of all letters) and the reason for the rescheduled appointment must be documented on the student contact sheet in the student's file. (3) The student, where appropriate, should participate. Students 14 or older must be invited to participate in IEP meetings where transition planning is or will be part of the IEP. (4) A district representative is a representative of the school district who is qualified to provide or supervise special education and who is knowledgeable about the general curriculum and the availability of resources of the school district. The person serving as the district representative may also fulfill the role of another person on the IEP Team (e.g. school psychologist, special education teacher) if they meet all the requirements. In addition, the role of the district representative may also be filled by the Principal, Assistant Principal, Supervisor of Psychologists, Supervisor of Speech Improvement, Regional Special Education Evaluation, Placement and Program Officer, Regional Administrator of Special Education or CSE Chairperson. (5) The school social worker may participate in an EPC or CSE Review meeting if he/she is involved in any aspect of the evaluation process. (6) A parent member of the Committee on Special Education must participate. The parent has the right to decline their right to have a parent member participate in the CSE Review. If the parent opts to decline their right for the participation of a parent member, this must be documented by obtaining the parent's signature on the Declination Letter for Parent Members declining the parent member. (7) A physician, if specifically requested in writing by the parent of the student or by a member of the school at least 72 hours prior to the meeting must participate.

In addition, a translator is required to attend IEP Team meetings if the parent's preferred language or mode of communication is other than English. For required participants at IEP meetings for preschool students refer to the preschool SOPM.

In addition to the required participants noted above, the following individuals should also be invited to participate in IEP meetings:

? any school personnel with contributions to make to the decision making process; ? at the discretion of the parent or the district, any individual with special expertise or

knowledge of the student; ? non-Department of Education assessment professionals or service providers

involved in conducting the assessment or providing service to the student.

If a purpose of the IEP meeting is to consider the need for transition services, the student and a representative of the agencies likely to be responsible for providing or paying for transition services must be invited:

if the student does not attend, the team must ensure that the student's preferences and interests are considered; and

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